Category: Real Estate in the Philippines

Various topics on real estate, brokerage and the laws and regulations

  • Amadeo: The Hidden Gem of Philippine Coffee Culture

    “Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness.”

    –  Thomas Jefferson, 3rd President of the Unites States of America

    By Realttorney®

    The new and much-improved facade of the Amadeo Municipal Hall


    Amadeo is part of the third Growth Area, under the Cavite Provincial Development and Physical Framework Plan 2021 – 2030, known as Metro Tagaytay or the Tourism Haven and Food Basket of the Province. This third Growth Area is composed of seven other municipalities and one city, which we will feature in more articles in the future. Indang, Cavite was the first one featured several days ago.

    Why write about Amadeo, Cavite second? Everyone needs to know that Amadeo has ecological and environmental importance for the Province of Cavite and the National Capital Region, as well.

    There are six major river systems in Cavite namely, Maragondon, Labac-Alemang, Timalan, Cañas, San Juan, and Imus River. These river systems provide a plethora of ecological functions and services that are critical to both the natural environment and human populations.

    “The Cañas River Watershed runs from South to North before draining to Manila Bay. The headwaters of Cañas River Watershed are found in Tagaytay. The river network passes through the municipalities of Indang and Amadeo. It continues down to Trece Martirez, General Trias, and Tanza. It exits at the municipality of Rosario, Cavite.”[1]

    From a natural perspective, the rivers of upland Cavite and their surrounding habitats are home to a diverse array of plants (catmon, banaba, Ylang-Ylang, and carabao mango trees) and animals, many of which are endemic to the Southern Tagalog region and play important ecological roles. The Cañas River system also serves as a corridor for wildlife movement and migration, contributing to the resilience and diversity of ecosystems in the Province.

    On a human level, the Cañas River system provides invaluable services such as access to water for drinking, irrigation, and industrial use. Many human settlements and cities in Cavite rely on the six major river systems as a primary source of water, making their conservation and management crucial for sustained human development.

    Aside from these facts, as a real estate service practitioner, I need to inform you of the myriad of opportunities that are aplenty in this town neighboring the eastern side of Indang, Cavite.

    Here are some interesting facts you need to know about the upland town of Amadeo, Cavite:

    Source: https://www.crowdsourcedexplorer.com/amadeo-cavite-philippines/

    The old facade of the Municipal Hall of Amadeo, Cavite. Source: https://www.crowdsourcedexplorer.com/amadeo-cavite-philippines/

    1. Amadeo was once known as Masilaw, meaning “glaring” in Tagalog, because of the bright red flowers of the Dapdap trees (a.k.a. Erythrina variegata) that grew in the area. When in bloom, the trees bore bright red flowers producing a dazzling red glare from afar. In Tagalog, the term, glaring is “nakakasilaw”. After the years passed, the word was shortened and the barrio got its name “Masilaw”.

    2. Amadeo (a.k.a. Masilaw) was then a part of Silang (just like Indang), and its inhabitants had to go to Poblacion for registration, baptismal rites, matrimonial ceremonies, and even funeral services. At that time, public transportation was scarce and travel was difficult. A move initiated by the leaders of the barrios namely Leoncio Ramos, Geronimo Bayot, and Andres Villanueva succeeded in making Masilaw a town independent from Silang in 1872.

    3. Amadeo was founded on July 15, 1872, by Governor General Rafael Izquierdo y Gutiérrez, and named after King Amadeo I of Spain. For 21 years, Amadeo was recognized as a town, even by the Revolutionary Government under General Emilio Aguinaldo.

    In fact, the revolutionists gave it the Tagalog Name “Maypag-ibig” (With Love), in line with the revolutionary policy of giving native names to towns having alien names to erase every vestige of the country’s colonial past. However, on October 15, 1903, it was returned to Silang under Act No. 947, as the Provincial Executive, displeased with the way Amadeo was governed, reverted it as a district under Silang, Cavite.

    The people resented this decision. Once again, its leaders took the cudgels of working for the separation of Amadeo from Silang. Finally, in 1915, during the administration of Governor Antero S. Soriano, Amadeo regained its independence. Geronimo Bayot became the first municipal president.[2]

    4. Amadeo has a population of 41,901 people as of the 2020 census, with a density of 1,100 inhabitants per square kilometer or 2,800 inhabitants per square mile. This makes it the least populous municipality in the Province of Cavite.

    5. Finally, Amadeo is the Coffee Capital of the Philippines, producing the largest amount of coffee in the province of Cavite. It has a land area of 47.90 square kilometers devoted to coffee farming. It may not be the biggest coffee-producing municipality in the country, but it sure is the most passionate when it comes to this most sought-after beverage in the daily lives of Filipinos.

    Amadeo hosts the annual Pahimis Festival, a Thanksgiving celebration for the bountiful harvest of coffee. The festival features cultural shows, trade fairs, coffee tastings, and a street parade. As such, it has emerged as a hidden gem in the country’s vibrant coffee culture.

    Despite being overshadowed by more popular destinations for coffee production and consumption, such as Batangas and Benguet, Amadeo has steadily gained recognition for its unique contribution to the Philippine coffee landscape, which is characterized by its rich historical roots, geographical advantages, variety, and quality of coffee beans, and the role of local stakeholders in fostering this burgeoning industry.

    Historical Context. Coffee cultivation in the Philippines dates back to the Spanish colonial era when the archipelago was introduced to coffee by Spanish friars in the late 17th century. Over time, coffee farming spread across various regions, each contributing distinct flavors and characteristics to Philippine coffee culture.

    Amadeo’s coffee industry dates back to the 19th century when it was introduced by Spanish colonizers. However, the Province of Batangas gained early prominence due to the fertile volcanic soil. But, over the years, Amadeo’s contribution to the Philippine coffee landscape can be attributed to several factors.

    Geographical Advantage. The town’s geographical location plays a crucial role in its emergence as a coffee hub. Situated in the highlands of Cavite, Amadeo benefits from a unique microclimate that is conducive to coffee cultivation.

    The municipality’s elevation, combined with its well-drained soil and moderate temperatures, creates an ideal environment for growing coffee beans with rich flavors and aromas. These natural advantages have attracted coffee enthusiasts and farmers alike, leading to the re-establishment of numerous coffee plantations and processing facilities in the area.

    Variety and Quality. One of the distinguishing features of Amadeo’s coffee culture is the variety and quality of beans produced. The municipality is known for cultivating a diverse range of coffee varieties, including Arabica, Robusta, and Excelsa. Each variety offers a unique taste profile, from the fruity and floral notes of Arabica to the bold and earthy flavors of Robusta.

    Furthermore, local farmers in Amadeo have adopted sustainable farming practices, such as organic farming and shade-grown cultivation, to enhance the quality and sustainability of their crops. This commitment to quality has garnered attention from coffee aficionados and industry experts, solidifying Amadeo’s reputation as a producer of premium coffee beans or specialty coffee production.

    Community Engagement. The growth of Amadeo’s coffee industry is not solely attributable to its geographical and agricultural attributes; community engagement has also played a crucial role. Local stakeholders, including government agencies, non-profit organizations, and community-based cooperatives, have been instrumental in promoting coffee farming and entrepreneurship in the municipality.

    Initiatives such as training programs, financial support, and market access have empowered local farmers to improve their practices and expand their businesses. Additionally, the annual celebration of the Pahimis Festival and other tourism initiatives have drawn attention to Amadeo’s coffee culture, attracting visitors, entrepreneurs, and real estate investors alike.

    As Amadeo continues to gain recognition in the Philippine coffee scene, the municipality stands at a pivotal juncture with promising prospects for future growth. With increasing demand for specialty coffee both domestically and internationally, Amadeo has the opportunity to position itself as a leading producer of premium coffee beans in the Philippines.

    However, this growth must be balanced with sustainable practices to ensure the long-term viability of the local coffee industry. By leveraging its historical legacy, geographical advantages, and community engagement, Amadeo has the potential to emerge as a prominent player in the global coffee market.

    In conclusion, Amadeo, Cavite, represents a hidden gem in Philippine coffee culture, characterized by its rich historical roots, geographical advantages, and community-driven initiatives. As a producer of premium coffee beans with diverse flavors and high quality, Amadeo has carved a niche for itself in the competitive landscape of Philippine coffee production.

    Moving forward, strategic investments in sustainable farming practices, infrastructure development, and market expansion are essential to unlocking the municipality’s full potential. By doing so, Amadeo can continue to contribute to the vibrant tapestry of Philippine coffee culture while providing economic opportunities for its local residents.

    Farm lot subdivisions are perfect real estate projects in Amadeo. Digital nomads, Createrpreneurs, and other professionals who are part of the Gig Economy are welcome in this 4th class municipality, whether as serious hi-tech coffee farmers, weekend farm enthusiasts, or simple nature lovers.

    Be a part of the growth of Amadeo, and its commitment to producing high-quality coffee, locally and internationally. The opening of the East-West Lateral Road and the Silang West Interchange of the Cavite Laguna Expressway (CALAX) bodes well for the appreciation of real properties, not only in Amadeo but also in the entire Metro Tagaytay Area.

    Finally, ask me about the bargains to be had for the purchase of real properties in Amadeo in 2024.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.


    [1]Weenjel P. Cabral and Jhon Laurence B. Herrera, “Delineation of Cañas River Watershed in Cavite, Philippines Using Geographic Information System and Remote Sensing With Field Validation.” Undergraduate Thesis Submitted to the Faculty of Agriculture, Food, Environment, and Natural Resources, Cavite State University, Indang, Cavite, April 2016.

    [2] See https://en.wikipedia.org/wiki/Amadeo,_Cavite

  • Home for the Holidays: The Role of Real Estate in Fostering Community and Belonging

    “The yearend brings no greater pleasure than the opportunity to express to you season’s greetings and good wishes. May your holidays and new year be filled with joy.”

    –  Charles Dickens, English novelist and Social Critic

    By Realttorney®

    The holiday season is indeed a special time when the concept of ‘home’ takes on a deeper meaning. Beyond just a physical structure, a home becomes a space where cherished memories are made, and traditions are upheld. This emotional connection to our homes is what ultimately fosters a sense of belonging and community among Filipinos.

    Moreover, homes are often the setting for holiday gatherings and celebrations. Filipino families and friends come together to exchange gifts, share meals, and create lasting memories. The size and layout of a home does not really matter. However, it can impact the dynamics of these events, with open-concept spaces facilitating social interaction and cozy nooks offering intimate settings for conversations.

    Ultimately, real estate goes beyond just providing shelter. It is a catalyst for community-building and emotional connections. The homes we inhabit during the holidays become containers for love, joy, and a sense of belonging. Whether it’s through the design, layout, or the experiences we have within them, real properties have the power to enhance our holiday experience and create lasting memories for years to come.

    Photo by Nicole Michalou on Pexels.com

    The Emotional Landscape of Homecoming

    The act of homecoming during the holiday season is a deeply rooted cultural and emotional experience shared by individuals and families around the world. This is the reason why thousands of Overseas Filipino Workers (OFW) chose to come back home and spend the Christmas holidays with their families.

    In the context of real estate, this phenomenon gains profound significance, as real properties serve as the tangible repositories of memories, traditions, and shared histories. This section delves into the emotional landscape of homecoming, elucidating how real estate shapes and enriches the narratives of the holiday season.

    Familiarity and Comfort: The familiarity of one’s home during the holidays offers a welcome break from the hectic pace of daily life. The scent of freshly made delicacies wafting from the kitchen or the soft glow of festive decorations adorning your living room can evoke a profound sense of comfort and belonging.

    Hamon, queso de bola, leche flan, and ube haleya are some of the foods that were always present during noche buena when I was growing up and celebrating Christmas in Indang with our grandparents. And different families have different staples of food on their dining table. But, these instances are what build the familiarity and comfort as children growing up with a closely knit family.

    Traditions and Rituals: Homes often serve as the cornerstone for family traditions and rituals. From setting up the Christmas tree to hosting annual family gatherings, the spatial layout and design of a home can significantly influence the dynamics of communal interactions and shared experiences, as stated above.

    However, no matter the layout of the house, as long as the family members are complete and gathered in one place, the celebration is complete and heartwarming. The challenge happens when families expand and welcome new family members.

    Neighborhoods as Microcosms of Community

    Beyond individual properties, neighborhoods play a pivotal role in fostering a sense of community and belonging. The layout, amenities, and social dynamics within a neighborhood can profoundly impact residents’ quality of life and sense of connectedness.

    Shared Spaces and Amenities: Parks, churches, community centers, shopping malls, and other recreational facilities serve as communal hubs where neighbors converge, interact, and forge meaningful connections. These shared spaces facilitate the exchange of ideas, cultural practices, and mutual support, thereby enriching the fabric of the community.

    Of course, every Christmas Day the shopping malls all over the Philippines are full of families gathering together and having a great time with one another. And, this has been a recent phenomenon for the past decade. Why? A visit to the malls alleviates families from the mundane tasks of preparing and cooking the food and washing the dishes and cooking implements after the festivities.

    Cultural Diversity and Inclusivity: A vibrant neighborhood is often characterized by its cultural diversity and inclusivity. The mosaic of backgrounds, traditions, and perspectives fosters a dynamic social ecosystem where residents learn from one another, celebrate diversity, and cultivate a sense of global citizenship.

    Real Estate as a Catalyst for Social Impact

    The role of real estate extends beyond mere transactions; it serves as a catalyst for social impact, influencing broader societal trends and values. Do you agree?

    Sustainable Development and Urban Planning: Responsible real estate development prioritizes sustainability, inclusivity, and community engagement. By integrating green spaces, promoting walkability, and incorporating mixed-use developments, urban planners and real estate developers can create environments that prioritize human well-being and environmental stewardship.

    We have seen major developers who have embraced the increased use of open spaces within their shopping mall complex, aside from implementing green and sustainable technologies. And Filipinos welcome these modalities with open arms.

    Affordable Housing and Social Equity: Not all Filipinos are celebrating Christmas in their own homes. Affordability remains a critical issue in the Philippine real estate market, posing challenges for both aspiring homeowners and policymakers alike. The confluence of factors such as rapid urbanization, supply-demand dynamics, and economic disparities has exacerbated affordability constraints, particularly in major urban centers.

    The affordability issue in the Philippine real estate market is a complex and multi-dimensional challenge that requires concerted efforts from all stakeholders. By addressing the root causes, implementing targeted policy interventions, and fostering collaboration between the government, real estate developers, real estate professionals, and civil society organizations, it is possible to mitigate affordability constraints and pave the way for a more inclusive and sustainable housing market.

    In conclusion, the holiday season serves as a poignant reminder of the intrinsic human need for connection, belonging, and community. Within the realm of real estate, this sentiment is manifested through homes and neighborhoods that serve as vibrant spaces for communal interactions, shared experiences, and emotional well-being. As we celebrate the joyous festivities of the season, let us recognize and cherish the profound role that real estate plays in fostering community, enriching lives, and nurturing the essence of ‘home.’

    Merry Christmas everyone. May today’s festivities in your homes bring you joy and comfort that will renew and uplift your spirits for the remaining days of 2023.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.

  • Mastering the Balancing Act: A Guide to Part-Time Real Estate Brokerage Success in the Philippines

    “The effort to work a small deal versus the bigger one is about the same. Focus your mindset on fewer, bigger, and better deals.”

    – Atty. Ernesto C. Perez II, CTEPTM Real Estate Attorney & Licensed Real Estate Broker

    By Realttorney®

    I was an attorney first then a licensed real estate broker second. In terms of the practice in real estate service, I am more well-versed in the documentation side of the real estate transaction. My wife, who is also a licensed real estate broker, is the one who has experienced closing real estate sales transactions.

    It is safe to say that my wife and I are part-time real estate brokers. Why? Because real estate brokerage is not our main source of income. Unlike the hundreds of licensed real estate brokers who actively practice the profession as their bread-and-butter income source. They are the backbone of this industry. Kudos to them.

    Photo by Thirdman on Pexels.com

    And, in the dynamic landscape of the Philippine real estate industry, the role of a licensed real estate broker is pivotal. However, many licensed professionals find themselves constrained by the commitments of a full-time job in another field.

    Balancing two professions is undeniably challenging but not insurmountable. This article aims to provide insightful pointers on how a licensed real estate broker can successfully work part-time in the Philippines, especially when juggling a full-time role in another profession.

    Before delving into strategies, it’s imperative to address the regulatory framework governing real estate brokerage in the Philippines. If one wishes to be a part-time real estate broker in the Philippines, he or she should have an unexpired license. Hence, if your license is expired, then you cannot legally practice your part-time profession.

    Even as a part-time real estate broker, adherence to ethical standards and regulatory compliance should never be compromised. Maintaining a deep understanding of the Real Estate Service Act (RESA) of 2009 and Resolution No. 39, Series of 2019 (Code of Ethics) ensures that brokers operate within legal parameters, thereby safeguarding their reputation and their level of professionalism.

    Here are 5 important insights that will guide a part-time real estate broker to be successful in his or her second or third chosen profession.

    Time Management and Prioritization

    Effective time management is the linchpin of part-time real estate brokerage if success is the goal. Given that you have a full-time commitment to another profession, delineating clear boundaries and allocating specific hours for real estate activities is essential.

    1. Set Clear Boundaries: Designate certain days or hours exclusively for real estate tasks. One or two days a week would be ideal. And, two to three hours a week could provide enough spark to keep your interest in this profession.

    2. Leverage Technology: Utilize scheduling tools (Google or Apple Calendar), and communication platforms to streamline and automate your processes. Create systems that will assist you in getting your tasks done at the least amount of time necessary. There are various productivity and note-taking web applications to help you plan and organize your activities under a single platform.

    3. Delegate When Necessary: Consider hiring or partnering with assistants for tasks that don’t require your direct involvement. If you have a personal assistant, who works with you on your full-time profession then it is best that you inform him or her of the “extra” work that he or she will perform for you as a licensed real estate broker. The best practice is if you close a transaction then your assistant gets rewarded for the valuable assistance extended to you.

    Niche Specialization

    One of the most effective strategies for part-time brokers is to specialize in a particular niche within the real estate market. The Professional Regulatory Board for Real Estate Service (PRBRES) has announced that they are encouraging all licensed real estate brokers to specialize in three major areas.

    First, is General Brokerage, Titling, and Documentation. Second, is Residential Project Selling. And lastly, Foreclosed Properties. Despite these three areas of specialization, there are still several niches that you can focus your attention on. These could range from residential properties in specific locations to commercial real estate or even niche markets like farm lot developments and agricultural real estate, industrial development projects, or memorial lot projects.

    Never be a jack of all trades and be a master of none. Pick a niche to specialize in. Specializing allows you to:

    1. Build Expertise: Deep dive into market trends, pricing strategies, and client preferences within your chosen niche. Your expertise will allow you to do fewer, better but bigger valued deals. Be the go-to broker in your chosen field of specialization.

    2. Network Efficiently: Focus your networking efforts on industry events, seminars, and groups relevant to your specialization. It makes sense to focus your time and energy on a particular segment of the real estate industry. If you focus enough time and effort on a particular segment then you will be recognized as a thought leader for that chosen segment of yours.

    3. Maximize ROI: With targeted marketing and a specialized client base, you can achieve higher returns on your time and investment. If you will not be able to focus 100% on real estate, then if you do work on a deal make it worth your while.

    Collaborative and Synergistic Partnerships

    Collaboration can be a game-changer for part-time real estate brokers. By forging strategic partnerships with full-time brokers or real estate agencies, you can tap into their resources, listings, and client base. Just make sure that the partnership you are entering into is synergistic for both parties involved. It must be the right fit.

    This can be done through the following:

    1. Referral Agreements: Establish referral agreements where you can refer clients to other brokers in exchange for a commission split or a referral fee. There is no hard-and-fast rule about this. Just make sure that when you request for a commission split then you will contribute more effort to the transaction than just merely referring a prospective buyer or seller outside your chosen niche.

    2. Team Up for Listings: Partner with other brokers to co-list properties, thereby expanding your reach without overextending yourself. We suggest that the real properties that will be co-listed belong to the category of your chosen niche but outside your area of operation. As a part-time real estate broker it is best to concentrate on a specific area of operation or concern like the CALABARZON area, or different regions in the Philippines.

    3. Shared Resources: Utilize shared office spaces, administrative support, and marketing resources to enhance your part-time operations. This is how you create leverage in your part-time profession. But be smart about this. Study sharing resources assiduously. If not, this can be a drain on your financial resources.

    Continuous Learning and Professional Development

    The real estate landscape is ever-evolving, influenced by economic factors, regulatory changes, and technological advancements. As a part-time real estate broker, investing in continuous learning is non-negotiable. Moreover, our Code of Ethics requires us to be life-long learners.

    As part-timers, you should commit to the following:

    1. Attend Seminars and Workshops: Stay abreast of industry trends, legal updates, and best practices by attending PRC-accredited continuing professional development (CPD) seminars.

    2. Engage in Online Courses: Leverage online platforms offering courses on real estate brokerage, property valuation, and market analysis, even though they are not accredited CPD seminars. There are a few experts in real estate who are not accredited by the PRC to teach real estate topics. But this should not stop you from enrolling in said courses to increase your knowledge base.

    3. Join Professional Organizations: Become a member of reputable real estate organizations like the Real Estate Brokers Association of the Philippines (REBAP) to access resources, networking opportunities, and mentorship programs of some chapters like the REBAP Metro Tagaytay Chapter.

    Marketing and Branding

    Finally, building a robust personal brand is crucial for part-time brokers to establish credibility and attract clients. But this matter goes hand in hand with effective time management and prioritization of activities.

    The part-time real estate broker must first and foremost have a simple marking plan to set clear goals on how to deploy various marketing strategies available with the help of the latest technology like ChatGPT. Effective marketing strategies include:

    1. Content Marketing: The part-time real estate broker can share insights, market analyses, and tips through his or her blogs, videos, or podcasts. Think about creating a YouTube channel even as a part-timer. This could be a potent avenue for engagement and establishing yourself as a niche player in your segment.

    2. Social Media Presence: Maintain an active presence on professional platforms like LinkedIn, Facebook, Instagram and/or TikTok. For starters, post once a week on all these social media applications. Then when you get a hang of things, you may want to increase the frequency of your posts from 2 to 5 posts three or four times a week. Finally, when your time allows it, you may want to create ads in each social media application to reach more potential clients within your niche.

    3. Client Testimonials: Showcase testimonials from satisfied clients to build trust and credibility. Even as a part-time real estate broker, this strategy will work because it gives social validation on what type of professional you are to work with and the level of service you provide.

    In conclusion, navigating the realm of part-time real estate brokerage in the Philippines necessitates a strategic approach encompassing time management skills, niche specialization, collaborative partnerships, continuous learning, and effective marketing. By implementing these pointers, licensed real estate brokers can not only successfully balance a part-time brokerage role with a full-time profession but also thrive in the competitive Philippine real estate landscape.

    Tell me, what is your full-time profession? And is this article a valuable resource for you in the upcoming year? Let us have a conversation.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.

  • Can You Sell Your Real Properties While Undergoing Nullity of Marriage Proceedings in Court?

    “Secure property in hand leads to peace in mind.”

    – Mencius, Famous Confucian Philosopher

    By Realttorney®

    Photo by Caio on Pexels.com

    The family is the basic social unit in our society. But sadly, not all unions last. Since divorce is not recognized in the Philippines, the next best thing to avail of is the nullity of marriage under the provisions of the Family Code of the Philippines.

    The “annulment” process brings unnecessary stress, tension, and frustration. It may have started a day after the wedding or the day after your firstborn was delivered. Oftentimes, a lot of married couples suffer silently as both drift further and further apart. But they decide to continue being together for the sake of the children or other important considerations.

    Yet, there comes a point when the suffering is too much and it becomes unbearable. And, the only way out of the relationship is to seek to break the marriage bond so that the couple can go their separate ways.

    Aside from the confusion it brings to the children as one spouse leaves the family home, the annulment process becomes a battle for control of the properties – real and personal. The distribution of such properties is the second most contentious issue in a petition for the nullity of marriage, the first being the custody of the minor child or children.

    When the Petition for Nullity of Marriage is filed before the Court, if all assets have been identified and a prayer for the permanent custody of the children has been made then the question arises, can you sell your real properties while the annulment case is pending in court?

    Here are six guide questions to help you determine your plan of action during the pendency of the petition for the absolute nullity of marriage:

    1. Do you have a PRE-NUPTIAL AGREEMENT? A pre-nuptial agreement is also known as a “marriage settlement” in the Family Code of the Philippines. It is an agreement between the future spouses that fixes or identifies the property relations that will govern their marriage.

    According to Article 75 of the Family Code, ”the future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime.” The provisions of the pre-nuptial agreement of the spouses will allow or limit the sale of the properties acquired during marriage.

    For example, if the spouses agree on a complete separation of property in their pre-nuptial agreement then there will be no limitation in selling the properties acquired during marriage. It is different when it comes to the other property regimes, which will be discussed below.

    2. What are the property relations between the husband and the wife? The date when you got married determines what kind of property relations govern the marriage, absent a pre-nuptial agreement. It is important to know that the Family Code of the Philippines (Executive Order No. 209, Series of 1987) became effective on August 3, 1988.

    Hence, the property regime of marriages celebrated before the effectivity of the Code is presumed to belong to be conjugal partnership of gains unless it be proved that it pertains exclusively to the husband or the wife.

    In contrast, the property regime of marriages celebrated on the day and after the effectivity of the Family Code is presumed to belong to the absolute community of property.

    3. What is the property regime of the Conjugal Partnership of Gains? The Conjugal Partnership of Gains is defined in the Family Code of the Philippines as a property regime where the “husband and wife place in a common fund the proceeds, products, fruits, and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them unless otherwise agreed in the marriage settlement.”[1]

    Under this property regime, it would be very difficult to sell conjugal assets while undergoing annulment proceedings in court; Provided that it is clearly established, only the separate properties of each spouse can be sold during such difficult and stressful times.

    4. What are the separate (or exclusive) properties of the spouses versus their conjugal properties? Under Article 109 of the Family Code, the following shall be the exclusive property of each spouse under the Conjugal Partnership of Gains: “(a) that which is brought to the marriage as his or her own; (b) that which each acquires during the marriage by gratuitous title; (c) that which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (d) that which is purchased with exclusive money of the wife or of the husband.”

    Please note that the exclusive property of the wife is called her paraphernal property while the exclusive property belonging to the husband is called his capital property. Meanwhile, properties acquired gratuitously include those acquired by either spouse during the marriage by inheritance, device, legacy, or donation. These exclusive properties of the spouse can be disposed of without incident during the annulment process.[2]

    5. Finally, what is the property regime of absolute community? The Absolute Community of Property is a system of property relations where “all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter”[3] shall be considered as community property. This means that all the properties become co-owned by each of the spouses at the time of the celebration of the marriage and all properties acquired during the marriage.

    Like the conjugal partnership of gains, under the absolute community of property, the alienation or disposition of the spouse of any property tagged as community property cannot be done without the order of the court or according to some compromise agreement reached during the preliminary conference of the annulment case.

    These 5 guide questions will greatly assist a person undergoing the annulment process in determining his or her options if an interested buyer desires to purchase a property that is considered a community property or a conjugal property.

    As always, please consult your legal counsel when faced with such a situation before making a final decision on such a complicated matter.

    ——-

    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.


    [1]See Article 106 of the Family Code of the Philippines.

    [2] See Section 2, Republic Act No. 10572.

    [3]See Article 88 of the Family Code of the Philippines.

  • Six Main Facts to Know About the Historic Town of Indang, Cavite

    “Paradise is exactly like where you are right now… only much, much better.”

    – Laurie Anderson, American artist, composer, musician and film director

    By Realttorney®

    Indang is part of the third Growth Area, under the Cavite Enhanced Provincial Development and Physical Framework Plan 2021 – 2030, known as Metro Tagaytay or the Tourism Haven and Food Basket of the Province. This third Growth Area is composed of seven other municipalities and one city, which we will feature in subsequent articles in the future.

    Why write about Indang, Cavite first? Well, aside from living here, Indang is a very interesting place. More importantly, as a real estate service practitioner, I have to become an expert in the area of opportunity I concentrate on.

    Here are 6 main facts you need to know about the central upland town of Indang.

    1. Indang was once a part of the Municipality of Silang, Cavite for about 70 years. Indang became a full-fledged town in 1655 when it was administratively separated from Silang to resolve the difficulties of Indangeños in transacting official business and attending religious services. Think about it. There was no East-West Lateral Road to speak of during the 1600s.

    2. Indang is a historical town. During the Philippine Revolution, Indang was known by its Katipunan name “Walang Tinag.” It belonged to the Magdiwang faction of the Katipunan headed by the Supremo – Andres Bonifacio, as opposed to the Magdalo faction headed by Gen. Emilio Aguinaldo.

    The Tejeros Convention was a revolutionary assembly held on March 22, 1897, in Rosario, Cavite. Presided over by Andres Bonifacio toward the end of the session, the Assembly decided to establish a central revolutionary government and elected Emilio Aguinaldo, President; Mariano Trias, Vice President; Artemio Ricarte, Captain General; Emiliano Riego De Dios, Director of War; and Andres Bonifacio, Director of the Interior.

    However, Daniel Tirona questioned the election of Bonifacio as Director of the War on account that the position should be held by a lawyer. Bonifacio was insulted by this act of Daniel Tirona. Hence, he voided the results of the Convention as Supremo of the Katipunan.

    He then retreated to Indang to regroup. His arrest was ordered by the newly-elected President Aguinaldo to prevent Bonifacio from pursuing his counter-revolutionary plan to set up a separate government and army to proceed with his own plans for the revolution. Andres Bonifacio was arrested in Barangay Limbon, Indang, This is the exact place Bonifacio retreated to after nullifying the election to decide the leaders of the revolutionary government in Rosario, Cavite. The Bonifacio Shrine stands as a reminder of this historical fact.

    3. Indang is a center of academic learning. In the heart of this Municipality can be found the main campus of the Cavite State University (CvSU), known as the Don Severino De Las Alas Campus.

    Who was Don Severino? Don Severino De Las Alas was a prominent Indang native who was elected Secretary of Justice at the Tejeros Convention. He belonged to the Magdiwang faction of the Katipunan.

    From its humble beginnings in 1906 as the Indang Intermediate School, CvSU has 11 campuses (I think… I lost count after 10) spread all over the Province of Cavite, with more than 30,000 students, 1,200 faculty and staff from all campuses, and offering close to 100 curricular programs in the undergraduate and graduate levels.

    But CvSU’s crown jewel on the main campus, in my opinion, is the 5-hectare Agri Eco-Tourism Park which boasts of thousands of endemic plants and tree species. It also produces the premium Aguinaldo Blend, which is roasted and blended with Cavite Barako, Robusta, and arabica beans. It is also a Farmer’s Training Center and Technology Demonstration Farm of the Agricultural Training Institute of the Department of Agriculture.

    4. Indang has one of the oldest Catholic churches in the Province of Cavite. Based on Church History, Indang was originally a chapel of Silang under the Jesuits. The church was established as a mission station of Father Angelo Armano in 1611 and became a separate parish only in 1625 under the advocacy of Pope St. Gregory the Great.

    A huge part of the stone church was built during the term of Father Luis Morales from 1672 to 1676 and was finished in 1710. The church was burned during the Philippine Revolution against the Spaniards.

    Curiously, despite being dedicated under the chaplaincy of St. Gregory the Great, the Parish effectively has 8 patron saints. The devotion to the Seven Archangels by Indangeños is strong. Since then, several miracles have been attributed to St. Gregory the Great and the 7 Archangels. Preparations are underway for the 400th anniversary of the parish in 2025.

    5. Indang is a top food producer for the Province of Cavite. Like some of its neighbors, it is a first-class municipality. But, its main driver of municipal revenues comes from agro-business commercial farms which raise large volumes of livestock and poultry. As per the record of the municipal agricultural office, there are existing hog farms, broiler farms, layer and breeder farms – categorized as backyard, medium-scale to large-scale commercial operations.

    More than 7,000 hectares of land in Indang are devoted to agriculture. Most farmers are engaged in multi-cropping farming systems. Most lands are planted with vegetables, root crops, corn, coconut, banana, coffee, pineapple, and other high-value commercial crops like dragon fruit, mangoes, cocoa, etc. As such, Indang has claimed the title of the Agri-Tourism Center of Cavite.

    6. Indang is the Spring Water Capital of the Philippines. More than a dozen springwater resorts are thriving in the municipality. They become areas of fun activities during the summertime, as the cold waters provide respite to the hot and humid weather in Metropolitan Manila.

    There are various resorts in Indang that people from within and outside the Province of Cavite visit during April, May, and June. Sad, some of these resorts have swimming pools right in the middle of a river, which makes these structures and their operation not compliant with the environmental laws of the country.

    Numerous real estate inquiries in this part of upland Cavite are farm lots for weekend farmers Who want a second home away from the hassles of urban life or semi-retired to retired individuals looking for a shift in their lifestyle. But in my previous article, I argued that Metro Tagaytay is more than just a haven for retirees. Young professionals in the Gig Economy are perfect to invest for their future homes and raise a family in this 3rd Growth Area of Cavite.

    Other real estate-related inquiries are possible sites for posh and not-so-posh event places and/or resort businesses near the various rivers and tributaries crisscrossing the Municipality of Indang. In addition, real estate developers find Indang as an ideal environment to set up farm lot subdivision projects.

    And, this is the only type of project that is allowed for now considering the 10-year moratorium on converting agricultural land for residential purposes. The moratorium was imposed last 2018. So, we are halfway through. After another 5 years, various types of residential development projects may be allowed once again in Indang.

    To conclude, there are vast opportunities for real estate investment in our quaint community. But, make no mistake this is a rural community. We are far enough from Mega Manila to enjoy fresh air and low prices of agricultural produce.

    Yet, with the presence of nearby shopping malls and other so-called “urban amenities,” we really like where we live and we can say that we have found our paradise in this part of Cavite. In the words of Agritorney, “OWN A FARM. MAKE IT YOUR PARADISE.“

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    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.